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HomeMy WebLinkAboutItem 16 Approval to Piggyback the NCPA/OMNIA Partners Contract for Construction of the Vandergrift Central Park Basketball Court by The NIDY Sports Construction Company, Inc.Meeting Date: December 5, 2023 Item #: 16 Contact Name: Mark Johnson Department Director: Mark Johnson Contact Number: Ext. 5002 City Manager: Robert Frank Background Summary: The Parks and Recreation Department budgeted $60,000 (FY 23/24) to relocate the current basketball court at Vandergrift Central Park in anticipation of the Ocoee Action Sports Park Phase 3 expansion. Staff is requesting permission to piggyback off the NCPA/OMNIA Partners Contract for the construction of the Vandergrift Central Park Basketball Court by The Nidy Sports Construction Company, Inc. for these services. The NIDY Sports Construction Company, Inc. constructed the Tenn is/PicklebalI Court remodel at Tiger Minor in 2022, and other court installations throughout Central Florida. The Nidy Sports Construction Company, Inc. has submitted a proposal to construct the new basketball court in accordance with the plans, with unit pricing, in the amount of $58,640.00, based upon the aforementioned contract. Issue: Should the Honorable Mayor and Commissioners approve piggybacking off the NCPA/OMNIA Partners Contract and award the proposal to construct the new basketball court to The Nidy Sports Construction Company, Inc. in the amount of $58,640.00? Recommendations: Staff recommends the Honorable Mayor and City Commissioners approve piggybacking off the NCPA/OMNIA Partners Contract and award constructing the new basketball court to The Nidy Sports Construction Company, Inc. in the amount of $58,640.00. Attachments: 1. Nidy Sports Proposal - Central Basketball Court 2. NCPA OMNIA Partners Relationship Letter 3. NCPA Contract Rates 4. NCPA Nidy Contract City of Ocoee a • • _ • t__ Florida 34761 • - (4 91 1i • •-- • • Page 187 of 593 Financial Impacts: The construction cost to relocate the basketball court at Vandergrift Central Park is $58,640 and is budgeted in the Fiscal Year 23/24 Capital Budget. (Account #317-572-10-6302) (Job #P000413) Type of Item: Consent City • Ocoee - 1 N. Bluford Avenue - Ocoee, •. 34761 Phone: (407) 905-3100 - www.ocoee.org Page 188 of 593 ANN BASKETBALL PROPOSAL Submitted To: City of Ocoee RE: Central Park Basketball Court Attn: Dan Abdo, 407-427-9879 1 N. Blueford Avenue Estimator: Chris Tappan s�osr o�rn�cr�es . ,924 October 27, 2023 Ocoee, FL 34761 Payment to be upon completion. Price subject to change after 60 days. Price below calculated using the National Cooperative Purchasing Alliance Contract 08-42. One Court Construction: $58,640.00 SCOPE OF WORK (APPROX. 627 SY): 1) Mobilization and layout. 2) Site Prep: a. Remove and dispose of sodding and loose material. b. Rework existing subgrade. Laser grade and compact. c. Subgrade to be 0.83% to 1.00% slope towards one end of court. 3) Furnish and install 6" of Limerock; laser grade and compact 4) Pave 1 '/z" of SP 9.5 RAP Asphalt on court. Paved Area: 50' x 94' 5) Furnish and install two (2) new sets of basketball goal systems which include gooseneck pole, aluminum backboard, heavy duty rim, and nylon net. 6) Flood courts and patch any areas holding water per ASBA and USTA guidelines. 7) Apply two (2) coats of Acrylic Resurfacer over the entire surface of the court. 8) Apply two (2) coats of Color Coating over the entire surface of the court. a. Court Color: Dark Green. 9) Paint regulation basketball markings with white textured line paint. NOTES: 1) Water must be allowed to drain from court surface. Do not block water flow on side of court with grass or landscaping. 2) Owner to provide suitable access for equipment, water, and electric as required. 3) Should owner request additional material applied or other work performed to the surface of court which is not outlined above, it will be at an extra cost. 4) EXCLUSIONS: Mass excavation of fill, infill, tree/landscape removal, survey, permits, erosion control, materials testing, sodding, root barrier, sidewalks, trench drains, irrigation, relocation of utilities, shade structures, cabanas, benches, court lighting, or conduit. 751 General Hutchison Parkway • Longwood, FL 32750 • (407) 330-9466 • fax (407) 330-9343 • www.N1DYSP0R'l'S.com Page 189 of 593 Estimator: Chris Tappan CRACKS IN COURTS: It should be noted that as your basketball court ages, it will develop cracks. After resurfacing, new cracks may appear and repaired cracks will reappear. Cracks develop in courts for various reasons with the most common being: 1) Constant expansion and contraction of more than'7,000 square feet of surface per court in response to constant fluctuations in ambient temperatures. These daily fluctuations are often greatest in winter. 2) Loss of flexibility of the asphalt as it ages and loses the oils used in the manufacturing process. 3) Changes in subsurface stability reflecting through the court surface. Nidy does NOT provide any written or implied guarantee of courts being free from existing or new cracks; thus, cannot and does not warrant against new cracks appearing or old cracks reappearing after the court has been resurfaced. WARRANTY: Color Coating is warranted against any excessive fading for a period of one year from application. Surface is warranted against peeling and flaking for a period of one year from application. Problems from normal wear, vandalism, and improper care are excluded. Owner's Name & Billing Address: Job Site's Contact Name & Phone: Job Site's Address: Authorized Signature Total Dollar Amount Authorized Date 751 General Hutchison Parkway • Longwood, FL 32750 • (407) 330-9466 • fax (407) 330-9343 • www.NIDYSPC?RTS.co Page 190 of 593 I UNNIA Partners Continues to Lead Public Sector Cooperativ Purchasing i Acquisition of NCPA Offers Additional Value to the Market FRANKLIN, Tenn�., Dec. 6, 2022 1PRNewe wirel — OVA Partners announces the acquisition of Nationa Cooperative Purchase Alliance �NCPA), a leading national government purchasing cooperative based in Houston, TX, This most recent acquisition enriches MN IA Partners as the nation's most experienced cooperative purchasing organization serving state and local government, K-12 education, and higher education institutions. The successful integration of NCPA into OMNIA Partners augments the organization's differentlators of unparalleled scale and expertise while driving increased savings and efficlencyfor the purchasing COMMUnity. "OMNIA Partners is recognized as the leader rn cooperative purchasing by continually creating additional value and delivering extensive solutions to our participants and suppliers," said M, Todd Abner, Founder, President & CEO of OMNIA Partners. "The acquisition of NCPA enhances our value in the public sector market by adding additional world class supplier partners and further extending OMNIA Partners reach into the public sector," OMNIA Partners, Public Sector will continue to utilize the lead agency contracting process that has become a strategic best practice in public procurement, All contracts available in the portfolio have been competitively solicited and publicly awarded by a lead agency, The expansive contract portfolio and all contract documentation may be viewed on the website, purchasing process," OMNIA Partners, Public Sector is the nation's largest and most experienced cooperative purchasing organization dedicated to public sector procurement, Our immense purchasing power and industry -leading suppliers have produced a comprehensive portfolio of cooperative contracts and partnerships, making OMNIA Partners the most valued and trusted resource for organizations nationwide, Through the economies of scale created by OMNIA Partners, our participants now have access to an extensive portfolio of competitively solicited and publicly awarded agreements, The lead agency contracting process continues to be the foundation on which we are founded. MNIA Partners is proud to offer more value and resources to K-1 2 education, state and local government, higher education, and non -profits, Page 191 of 593 SPQRTS CQNSiRUCTIQN ONCPA An OMNIA Partners Company NIDY SPORTS CONSTRUCTION BID PRICING Service Labor Rates All Lots Unit of Measure Installer Bid to Co -Op Division State Multiplier Price with Multipler 2% NCPA Fee Total Multiplier Total Price to Client Notes CONCRETE 4" Sidewalk (Under 50 SF) SF $47.00 0% $47.00 $0.94 $0.00 $47.94 4" Sidewalk (Over 50 SF) SF $27.00 0% $27.00 $0.54 $0.00 $27.54 6" Drive (Under 500 SF) SF $37.00 0% $37.00 $0.74 $0.00 $37.74 6" Drive (Over 500 SF) SF $27.00 0% $27.00 $0.54 $0.00 $27.54 6"x18" Curb LF $50.00 0% $50.00 $1.00 $0.00 $51.00 6"x12" Curb LF $40.00 0% $40.00 $0.80 $0.00 $40.80 4" Sidewalk with 18" Integral Curb SF $37.00 0% $37.00 $0.74 $0.00 $37.74 Post Tension Concrete SF $30.00 0% $30.00 $0.60 $0.00 $30.60 SEAL COATING ' Hot Rubber Crack Fill LF $ 2.00 0% $ 2.00 $ 0.04 $0.00 $ 2.04 Seal Coat 1 Coat Asphalt Emulsion SF $ 0.35 0% $ 0.35 $ 0.01 $0.00 $ 0.36 Seal Coat 2 Coat Asphalt Emulsion SF $ 0.40 0% $ 0.40 $ 0.01 $0.00 $ 0.41 Seal Coat 1 Coat Coal Tar SF $ 0.35 0% $ 0.35 $ 0.01 $0.00 $ 0.36 Seal Coat 2 Coat Coal Tar SF $ 0.40 0% $ 0.40 $ 0.01 $0.00 $ 0.41 ASPHALT REPAIR ' Asphalt Patch SF $ 20.00 0% $ 20.00 $ 0.40 $0.00 $ 20.40 Asphalt Remove/Replace 2" (Under 5,000 SF) SF $ 18.00 0% $ 18.00 $ 0.36 $0.00 $ 18.36 Asphalt Remove/Replace 4" (Under 5,000 SF) SF $ 23.00 0% $ 23.00 $ 0.46 $0.00 $ 23.46 Speed Bump Install LF $ 100.00 0% $ 100.00 $ 2.00 $0.00 $ 102.00 ASPHALT PAVING ' Convention Chip and Seal SF $ 1.50 0% $ 1.50 $ 0.03 $0.00 $ 1.53 Cement Stabilization SY $ 19.00 0% $ 19.00 $ 0.38 $0.00 $ 19.38 Page 192 of 593 6"x18" Curb & Gutter (500LF +) LF $ 70.00 0% $ 70.00 $ 1.40 $0.00 $ 71.40 Asphalt Mill/Pave 2" 5,000 SF+ SF $ 3.00 0% $ 3.00 $ 0.06 $0.00 $ 3.06 Asphalt Mill/Pave 4" 5,000 SF+ SF $ 4.00 0% $ 4.00 $ 0.08 $0.00 $ 4.08 4" Sidewalk (Under 50 SF) SF $ 47.00 0% $ 47.00 $ 0.94 $0.00 $ 47.94 4" Sidewalk (Over 50 SF) SF $ 25.00 0% $ 25.00 $ 0.50 $0.00 $ 25.50 STRIPING Stall EA $ 10.00 0% $ 10.00 $ 0.20 $0.00 $ 10.20 Numbering EA $ 8.00 0% $ 8.00 $ 0.16 $0.00 $ 8.16 Misc. Word Stencil Per Letter $ 5.00 0% $ 5.00 $ 0.10 $0.00 $ 5.10 Hash Out / Grid SF $ 1.55 0% $ 1.55 $ 0.03 $0.00 $ 1.58 Handicap EA $ 60.00 0% $ 60.00 $ 1.20 $0.00 $ 61.20 Arrows EA $ 65.00 0% $ 65.00 $ 1.30 $0.00 $ 66.30 Paint Curbs LF $ 2.75 0% $ 2.75 $ 0.06 $0.00 $ 2.81 Stop Bar LF $ 3.75 0% $ 3.75 $ 0.08 $0.00 $ 3.83 Light Pole Base / Bollard EA $ 64.00 0% $ 64.00 $ 1.28 $0.00 $ 65.28 M ISC. Catch Basin Replace EA $ 6,000.00 0% $6,000.00 $ 120.00 $0.00 $ 6,120.00 Catch Basin New Concrete Collar EA $ 3,500.00 0% $3,500.00 $ 70.00 $0.00 $ 3,570.00 New Bollard Install EA $ 2,000.00 0% $2,000.00 $ 40.00 $0.00 $ 2,040.00 New Sign Install EA $ 1,400.00 0% $1,400.00 $ 28.00 $0.00 $ 1,428.00 TENNIS/PICKLEBALL SURFACING Acrylic Coating System (3 coat system) SY $12.00 0% $12.00 $0.24 $0.00 $12.24 Acrylic Coating System (4 coat system) SY $20.00 0% $20.00 $0.40 $0.00 $20.40 Acrylic Cushion System SY $50.00 0% $50.00 $1.00 $0.00 $51.00 Armour Crack Repair System LF $25.00 0% $25.00 $0.50 $0.00 $25.50 Stripe Tennis Court EA $1,750.00 0% $1,750.00 $35.00 $0.00 $1,785.00 Stripe Pickleball Court EA $1,500.00 0% $1,500.00 $30.00 $0.00 $1,530.00 Out of Town Travel Allowance DAY $3,000.00 0% L $3,000.00 $60.00 $0.00H$20.40 3,060.00 Courts less than 800SY for 3 coat system SY $20.00 $20.00 $0.40 $0.00 Page 193 of 593 Courts less than 800SY for 4 coat system SY $25.00 0% $25.00 $0.50 $0.00 $25.50 Project Design, Development or Consultant DAY $2,500.00 0% $2,500.00 $50.00 $0.00 $2,550.00 Professional Engineering Services JOB $45,000.00 0% $45,000.00 $900.00 $0.00 $45,900.00 Installer (Tradesman) HR $100.00 0% $100.00 $2.00 $0.00 $102.00 Limerock Base (per 6" layer) SF $3.50 0% $3.50 $0.07 $0.00 $3.57 Asphalt Paving (RAP Mix) SF $5.00 0% $5.00 $0.10 $0.00 $5.10 Asphalt Paving (Virgin Mix) SF $7.00 0% $7.00 $0.14 $0.00 $7.14 BASKETBALL Basketball Equipment EA $8,500.00 0% $8,500.00 $170.00 $0.00 $8,670.00 Excavate & pour concrete footer, furnish Stripe Basketball Court EA $2,000.00 0% $2,000.00 $40.00 $0.00 $2,040.00 TRACK SURFACING 3/8" Plexitrac Lightning (black) SY $25.00 0% $25.00 $0.50 $0.00 $25.50 1/2" Plexitrac Lightning (black) SY $35.00 0% $35.00 $0.70 $0.00 $35.70 3/8" Plexitrac Accelerator (red) SY $35.00 0% $35.00 $0.70 $0.00 $35.70 1/2" Plexitrac Accelerator (red) SY $40.00 0% $40.00 $0.80 $0.00 $40.80 BSS 100 SY $55.00 0% $55.00 $1.10 $0.00 $56.10 BSS 200 SY $65.00 0% $65.00 $1.30 $0.00 $66.30 BSS 300 SY $95.00 0% $95.00 $1.90 $0.00 $96.90 BSS 1000 SY $130.00 0% $130.00 $2.60 $0.00 $132.60 < 5,000 SY add on SY $10.00 0% $10.00 $0.20 $0.00 $10.20 non standard color SY $5.00 0% $5.00 $0.10 $0.00 $5.10 Hobart Finish SY $10.00 0% $10.00 $0.20 $0.00 $10.20 Stuctural Spray Standard Color SY $20.00 0% $20.00 $0.40 $0.00 $20.40 Non Standard Color SY $5.00 0% $5.00 $0.10 $0.00 $5.10 Exchange Zone Color BSS 100 & BSS 200 LS $35,000.00 0% $35,000.00 $700.00 $0.00 $35,700.00 MAINTENANCE TRACK SURFACE Plexitrac Lightning Resurface (black) SY $20.00 0% $20.00 $0.40 $0.00 $20.40 PlexitracLightningResurface (red EPDM layers) SY $30.00 0% $30.00 $0.60 $0.00 $30.60 Page 194 of 593 Plexitrac Surfacer (black) SY $20.00 0% $20.00 $0.40 $0.00 $20.40 Plexitrac Surfacer (red) SY $25.00 0% $25.00 $0.50 $0.00 $25.50 Project Design, Development or Consultant DAY $2,500.00 0% $2,500.00 $50.00 $0.00 $2,550.00 Professional Engineering Services JOB $45,000.00 0% $45,000.00 $900.00 $0.00 $45,900.00 Installer (Tradesman) HR $100.00 0% $100.00 $2.00 $0.00 $102.00 Asphalt Paving (RAP Mix) SF $5.00 0% $5.00 $0.10 $0.00 $5.10 Asphalt Paving (Virgin Mix) SF $7.00 0% $7.00 $0.14 $0.00 $7.14 Track Cleaning EA $10,000.00 0% $10,000.00 $200.00 $0.00 $10,200.00 Track Lining EA $15,000.00 0% $15,000.00 $300.00 $0.00 $15,300.00 ARTIFICIAL TURF i Artificial Turf Installation ( Less than 40K SF) SF $8.50 0.00% $8.50 $0.17 $0.00 $8.67 Artificial Turf Installation (Over 40K SF) SF $7.00 0.00% $7.00 $0.14 $0.00 $7.14 Artificial Turf Pad Installation - ADD SF $2.00 0.00% $2.00 $0.04 $0.00 $2.04 Artificual Turf Alt./Cooling Infill Installation - ADD SF $1.50 0.00% $1.50 $0.03 $0.00 $1.53 Artificial Turf Removal SF $1.00 0.00% $1.00 $0.02 $0.00 $1.02 BASEBALL/SOFTBALL Regrade Baseball/Softball Infield SF $3.00 0% $3.00 $0.06 $0.00 $3.06 Fine grade and groom infield with new infield Install foul poles PAIR $15,000.00 0% $15,000.00 $300.00 $0.00 $15,300.00 Install bases, home plate, & mound EA $5,000.00 0% $5,000.00 $100.00 $0.00 $5,100.00 FIELD, TRACK & COURT CONSTRUCTION 4'fence LF $75.00 0.00% $75.00 $1.50 $0.00 $76.50 5' Fence LF $80.00 0.00% $80.00 $1.60 $0.00 $81.60 6' Fence LF $85.00 0.00% $85.00 $1.70 $0.00 $86.70 8' Fence LF $90.00 0.00% $90.00 $1.80 $0.00 $91.80 10' fence LF $115.00 0.00% $115.00 $2.30 $0.00 $117.30 20'Fence LF $200.00 0.00% $200.00 $4.00 $0.00 $204.00 6' High Windscreen LF $14.00 0.00% $14.00 $0.28 $0.00 $14.28 9' High Windscreen LF $20.00 0.00% $20.00 $0.40 $0.00 $20.40 Milling SF $2.00 0.00% $2.00 $0.04 $0.00 $2.04 4" Underdrains LF $50.00 0.00% $50.00 $1.00 $0.00 $51.00 Page 195 of 593 6" Underdrains LF $60.00 0.00% $60.00 $1.20 $0.00 $61.20 8" Underdrains LF $70.00 0.00% $70.00 $1.40 $0.00 $71.40 12" Underdrains LF $80.00 0.00% $80.00 $1.60 $0.00 $81.60 15" Underdrains LF $90.00 0.00% $90.00 $1.80 $0.00 $91.80 1" x 12" Flat Drains LF $7.00 0.00% $7.00 $0.14 $0.00 $7.14 Geotextile Drainage Fabric SY $1.50 0.00% $1.50 $0.03 $0.00 $1.53 Storm Structuers EA $4,000.00 0.00% $4,000.00 $80.00 $0.00 $4,080.00 Rentention Trench LF $150.00 0.00% $150.00 $3.00 $0.00 $153.00 Stone Base (per 6" layer) SF $3.00 0.00% $3.00 $0.06 $0.00 $3.06 Undercut Site CY $30.00 0.00% $30.00 $0.60 $0.00 $30.60 Post Footers and Tennis/Pickleball Equipment Court $6,000.00 0.00% $6,000.00 $120.00 $0.00 $6,120.00 Trench Drain (ACO 2k,3K, 4K) LF $90.00 0.00% $90.00 $1.80 $0.00 $91.80 6"x12" Curb LF $40.00 0.00% $40.00 $0.80 $0.00 $40.80 8"x8" Curb LF $35.00 0.00% $35.00 $0.70 $0.00 $35.70 12"x8" Curb LF $45.00 0.00% $45.00 $0.90 $0.00 $45.90 8"x12" Curb LF $45.00 0.00% $45.00 $0.90 $0.00 $45.90 6"x18" Curb LF $50.00 0.00% $50.00 $1.00 $0.00 $51.00 12" x12" Curb LF $50.00 0.00% $50.00 $1.00 $0.00 $51.00 Install Turf Nailer Board LF $10.00 0.00% $10.00 $0.20 $0.00 $10.20 Install Take Off Board EA $4,500.00 0.00% $4,500.00 $90.00 $0.00 $4,590.00 Install Pole Vault Tray and Lid EA $6,000.00 0.00% $6,000.00 $120.00 $0.00 $6,120.00 Install Football Field Goal Posts PAIR $35,000.00 0.00% $35,000.00 $700.00 $0.00 $35,700.00 Install Soccer Goals PAIR $12,000.00 0.00% $12,000.00 $240.00 $0.00 $12,240.00 Long Jump Pit EA $12,000.00 0.00% $12,000.00 $240.00 $0.00 $12,240.00 SHUFFLEBOARD/BOCCE Construct Shuffleboard Court Court $25,000.00 0% $25,000.00 $500.00 $0.00 $25,500.00 Shuffleboard Resurface Court $1,600.00 0% $1,600.00 $32.00 $0.00 $1,632.00 Construct Bocce Court Court $35,000.00 0% $35,000.00 $700.00 $0.00 $35,700.00 Bocce Carpet Replacement Court $6,500.00 0% 1 $6,500.00 $130.00 1 $0.00 1 $6,630.00 Page 196 of 593 Master Agreement Signature Form Products .' • Services Scope Value Added Products and Page 197 of 593 Page 198 of 593 TAB 1 ■ MASTER AGREEMENT - GENERAL TERMS AND CONDITIONS Customer Support The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request. Disclosures Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection With this contract. The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract. Renewal of Contract Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to two (2) additional one-year terms or any combination of time equally not more than 2 years if agreed to by Region 14 ESC and the vendor. Funding Out Clause Any/all contracts exceeding one (1) year shall include a standard "funding out" clause. A contract for the acquisition, including lease, of real or personal property is a commitment of tht, entity's current revenue only, provided the contract contains either or both of the following provisions.* Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract. Shipments (if applicable) The awarded vendor shall ship ordered products within seven (7) working days for goods available and Within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable. Tax Exempt Status Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor. Page 199 of 593 Payments The entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval NCPA is provided to the awarded vendor. 11 Adding Authorized Distributors/Dealers Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized. Purchase orders and payment can only be made to awarded vendor or distributors/ business partners/resellers previously approved by NCPA. Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder. All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA. Pricing All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor's responsibility to keep all pricing up to date and on file with NCPr. offered unless otherwise clearly stated in writing Warranty Proposal should address the following warranty information: • Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period. • Availability of replacement parts • Life expectancy of equipment under normal use • Detailed'information as to proposed return policy on all equipment Products-, Vendor shall provide equipment ' materials and products that are new unless otherwise specified, of good quality and free of defects Construction: Vendor shall perform services in a good and workmanlike manner and in accordance With industry standards for the service provided. Safety Vendors performing services shall comply with occupational safety and health rules and regulations. Also all vendors and subcontractors shall be held responsible for the safety of their employees and any conditions that may cause Injury or damage to persons or property. Page 200 of 593 Permits Since this is a national contract, knowing the permit laws in each state is the sole responsibility of the vendor. Indemnity The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and oxpenses arising out of or resulting from the actions of the vendor, vendor employees or vendor iubcontractors in the preparation of the solicitation and the later execution of the contract. Franchise Tax The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes. Supplemental Agreements The entity participating in this contract and awarded vendor may enter into a separate M-1Fr4- W-0- MEM-1 =-67-701 between the participating entity and awarded vendor. Certificates of Insurance Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state In which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. Legal Obligations It is the Respondent's responsibility to be aware of and comply with all local, state, and federal laws governing the sale of prod ucts/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. Protest A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14 ESC and shall include the following: • Name, address and telephone number of protester • Original signature of protester or its representative • Identification of the solicitation by RFP number • Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested Page 201 of 593 Any protest review and action shall be considered final with no further formalities being considered. Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. • • It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. it shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly. Termination Either •« May cancel this contract in whole • in •. • providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final • order. Open Records • Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page -by -page and line -by-line the parts of the response, which it believes, are exempt. in addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to • the exception(s). Page 202 of 593 information f render an opinion « • therefore,«f • general claimsto confidentiality by the respondent i acceptable. Region 14 ESC must complyopinions of s OAG. Respondent are advised to consultlegal counseli • disclosure resulting from this procurement process and to take precautions to safeguard trade secrets and i proprietary information. Page 203 of 593 gasaiij.:M I I MATro I WWII 1 Miss siffl 4141.1ft] lig 0 to 5alimeamil sl IM-1 I I 12ro Islip n I Lai IM17401P 111,7411MAI Contract Administration The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC. Contract Term The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to two (2) additional one-year terms or any combination of time equally not more than 2 years. It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor 2 V#04'?��_7�- M.r armn r%-iT4;# "i �-r&� a MMR4 �F' 1-1: &1 termination or expiration of this contract. Contract Waiver Any waiver of any provision of this contract shall be in writincl and shall be signed by the duly — authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or 2dditional right that such party may hold under this contract. Price Increases Should it becorte tecesay-w— Oce r1jC[f!L2SP' LO&I 00 Products and Services Additions New Products and/or Services may be added to the resulting contract at any time during the term by written amendment, to the extent that those products and/or services are within the scope of this RFP. Competitive Range It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. Page 204 of 593 Deviations and Exceptions Deviations or exceptions stipulated in response may result in disqualification. It is the intent Region 14 ESC to award a vendor's complete line of products and/or services, when possibli Estimated Quantities While no minimum volume is guaranteed, the estimated (but not limited to) annual volume for Products and Services purchased under the proposed Master Agreement is $50 million dollar annually. This estimate is based on the anticipated volume of Region 14 E8C and current sal within the NCPA program. I Evaluation Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices, NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance. Formation of Contract A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process. Contract award letter issued by Region 14 ESC is the counter -signature document establishing acceptance of the contract. ACPA Administrative Agreement The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award With Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort. Clarifications/Discussions Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal. Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent's whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent's are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal, Region 14 ESC Will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents' proposals or prices. Page 205 of 593 Multiple Awards Multin,le Contracts max,� be that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies. Past • Past performance is relevant information regarding a vendor's actions under previously awarded contracts; including the administrative aspects of performance; the vendor's history of reasonable and cooperative behavior and commitment to customer satisfaction, and generally, the vendor's •. concern for the interests of the •. Page 206 of 593 EVALUATION CRITERIA 0 1 • 0 • • immellue ligemidd - • Products, Services, Warranties, etc. price list • Prices listed will be used to establish both the extent of a vendor's product lines, services, warranties, etc. available from a particular bidder and the pricing per item. Ability to Provide and Perform the Required Services for the Contract (25 points) • Product Delivery within participating entities specified parameters • Number of line items delivered complete within the normal delivery time as a percentagg of line items ordered. • Vendor's ability to perform towards above requirements and desired specifications. • Past Cooperative Program Performance • Quantity of line items available that are commonly purchased by the entity. • Quality of line items available compared to normal participating entity standards. References and Experience (20 points) • A minimum often (10) customer references for product and/or services of similar scope dating within past 3 years • Respondent Reputation in marketplace • Past Experience working with public sector. • Exhibited understanding of cooperative purchasing Value Added Prod ucts/Se rvi ces Description, (8 points) • Additional Prod ucts/Services related to the scope of RFP • Marketing and Training • Minority and Women Business Enterprise (MWBE) and (HUB) Participation • Customer Service Technology for Supporting the Program (7 points) • Electronic on-line catalog, order entry use by and suitability for the entity's needs • Quality of vendor's on-line resources for NCPA members. • Specifications and features offered by respondent's products and/or services Page 207 of 593 SIGNATURE FORM The undersigned hereby proposes and agrees to furnish goods and/or services in striO compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any is Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal. �S1 btne,rG l N)��ny\ I�c�k u� Address City q D-1 # ni, LQ Telephone Number Email Address 7 SWMV� Printed Name State qul Fax Number r&(� WL Position me: Page 208 of 593 VMI& VIV-, Nj Page 209 of 593 DocuSign Envelope ID: 5A617B6D-EDAA-41D7-B7D1-67BADB3391A9 Term of Agreement This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation tO pay all amounts owed by Vendor to NCIPA through the Page 211 of 593 DocuSign Envelope ID: 5A617B6D-EDAA-41D7-B7D1-67BADB3391A9 1191,Uremw A19 RMOTAMS-OF the term of thi's A�groement, Fees and Reporting The Awarded vendor shall electronically provide NCPA with a detailed quarterly report showing the dollar voiurrie of all sales und6r the contractfadhe fifteenth (11 5ih) day fter the close of the previ us quarter, It is the responsibility of the awarded a 10 vendor to collect and complle 611 sales under the contrkt: from participating members and i submit one (1) report. The report shall include at least the following information as listed in the example below-, Code State POiorJob# SaleArnount 7! fim Page 212 of 593 DocuSign Envelope ID: 5A617B6D-EDAA-41D7-B7D1-67BADB3391A9 T-lir I III! "I I-147.11 9 , , MA wk National Cooperative Purchasing Alliance Organization Vendor'Na7iie Sarah Vavra 4L Name Name Sr. Vice President, Public Sector Contracting Title Title 5001 Aspen Grove Address Franklin, TN 37067 Address Addr4s Signature ionature May 1, 2023 Date Date Page 213 of 593 0 fultbilK Page 214 of 593 TAB 3 VENDOR QUESTIONAIRE Ilipanj s operailons, organization, structure, and processes for providing products and services. Locations Covered • Bidder must indicate any and all locations where products and services can be offered. • Please indicate the price co -efficient for each location if it varies. Ej All 50 States & District of Columbia (Selecting this box is equal to checking all boxes below) El Alabama R Illinois ❑ Montana El Rhode Island El Alaska R Indiana ❑ Nebraska 4South Carolina El Arizona R Iowa El Nevada ❑ South Dakota El Arkansas E] Kansas R New Hampshire F-1 Tennessee El California ❑ Massachusetts R New Jersey El Texas ❑ Colorado ❑ Michigan ❑ New Mexico ❑ Utah El Connecticut 0 Minnesota 0 New York ❑ Vermont 0 Delaware El Mississippi North Carolina ❑ Virginia ❑ D.C. ❑ Missouri El North Dakota ❑ Washington -*Iorida E] Kentucky Ohio West Virginia 0 Georgia R Louisiana El Oklahoma ❑ Wisconsin D Hawaii ❑ Maine El Oregon ❑ Wyoming E]Idaho ❑ Maryland Pennsylvania ❑ All U.S. Territories and Outlying Areas (Selecting this box is equal to checking all boxes below) El American Samoa ❑ Northern Marina Island ❑ Federated States of Micronesia ❑ Puerto Rico El Guam El U.S. Virgin Islands Page 215 of 593 F-1 Midway Islands El All Canada Provinces and Territories (Selecting this box is equal to checking all boxes below) El British Columbia ❑ Manitoba New Brunswick Ej Newfoundland and Labrador F-1 Nova Scotia F] Ontario F-1 Prince Edward Island R Quebec Ej Saskatchewan El Northwest Territories E] Nunavut ❑ Yukon If awarded a Master Agreement, will your company extend the terms offered in your Proposal to public agencies in Canada? If no or maybe, please explain. El Yes E:1 Maybe )� No If awarded a Master Agreement, will your company extend the terms offered in your Proposal to private sector customers? EYes El Maybe ❑ No 1,11inority and Women Business Enterprise (MWBE) and (HUB) Participation It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an MIWBE or HUB certified. ■ Minority[Women Business Enterprise Respondent Certifies that this firm a Minority / Women Business Enterprise F1 Historically Underutilized Business Respondent Certifies that this firm is a Historically Underutilized Business Small Business, MWBE and HUB Growth If Proposer is a Large, National or Multinational Organization/Corporation, what programs are in place that partners or supports the growth of small and MWEB and HUB business? if yes, please describe. n N/A, we are a recognized small, MWEB or HUB organization ,)o1 we do not have any programs in place. Page 216 of 593 F-1 Yes, we have programs in place. Residency Responding Company's principal place of business is in the city of Lo.­iG,-NNC)c�) State of —7-- Uo (LN •� A Felony Conviction Notice Please Check Applicable Box (If the 3 rd box is checked, a detailed explanation of the names and convictions must be attached): El A publicly held corporation-, therefore, this reporting requirement is not applicable. Is not owned or operated by anyone who has been convicted of a felony. r_1 is owned or operated by the following individual(s) who has/have been convicted of a felony Distribution Channel Which best describes your company's position in the distribution channel: XManufacturer Direct El Certified education/government reseller 2 Value-added reseller F� OtheT Contact Person Title Company Address City/State/Zip Phone Email NMI - L�Dtopcv\ b vviq, WWA Pricing Information In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future xroduct introductions at v.rices that a roortionate to Contract Prici*WL2_*vw446-w-w_-, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions. Page 217 of 593 Yes ❑ No in submitted includes the required NCPA administrative fee. The NCPA fee is calculated 7basd on the invoice price to the customer. Yes 0 No Cooperatives List any other cooperative or state contracts currently held or in the process of securing. xpires Annual Sales Volume Page 218 of 593 Page 219 of 593 Please provide the following information about your company: ° Company's official registered name. The NidySports Construction Company, Inc. * Brief history Ofyour company, including the year iLwas established. See Attached Statement ofQualification * Company's Dun & Bradstreet (O&B)number. N/A * Company's organizational chart of those individuals that would be involved in the contract. See Attached *Corporate office location. o List the number ofsales and services offices for states being bid in solicitation. o List the names ofkey contacts at each with title, address, phone and e-mail address. See Attached ° Define your standard terms ofpayment. Due upon completion OR monthly progress invoices/payments if the project exceeds one month. ° Who iSyour competition in the marketplace? Site and asphalt paving contractors. * Provide Annual Sales for last 3years broken out into the following categories: o Cities /Counties 2021 $14M.2020 $12M.2019 $1�0K8 o N-12 2021 $1.8k8.2020 $1.7M.2010 $1.7K8 (Excludes work with construction managers) o Higher Education 2021 $2,0K8.2020'$13K4.2010'$1A[N o Other government agencies O[nonprofit organizations N/A � Provide the revenue that your organization anticipates each year for the first three (3) years of this agreement. iOyear one in year two |Oyear three ^ What differentiates your company from competitors? See Attached Statement ofQualification ° []eSChbe how your company will market this COOt[@CL if awarded. VVobmito.Trade Shows, and in -field education with customers. * Describe how you intend tointroduce NCPAUzyour company. Employee Training � Describe your fiO0'Scapabilities and functionality Ofyour on-line catalog /ordering VVHbSit8. N/A ° Describe your company's Customer Service Department (hours of operation, number of service centers, etc.) Monday -Friday 8:OOAM 5:00 PM. Office Location: Longwood, FL ° Green Initiatives (if applicable) Page 220 of 593 o ASour business grows, w0want tomake sure weminimize our impact on the E8rth'S C|iDl8ie. We are taking every step we can to iDlp|erO8Ot iDOOV8tme and responsible environmental practices throughout NCPAUzreduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing and much more. TOthat effort YVeask respondents tOprovide their companies eOvinDDm8Dt8| policy and/or green initiative. VVediligently use environmentally friendly products when applicable. /\Od-[USC[OOination Policy (if applicable) o Describe your organizations' GnU-disCrnnination policy. See Attached Equal Opportunity Statement Vendor Certifications (if applicable) o Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service. Page 221 of 593 i � � i .�. � � � � � 1 1 • • � • � , , � We Proudly Self Perform Site Work, Paving, Athletic Turf Installation Coatings vt ?� Sports Equipment o � Statewide Service Courts BY YSports.Nid FIVI" Y ORTS CONSTRUCTION LONGWOOD, FL (800) 226-6439 W W W• n 1'' Y S p ®r t S' C ®m Page 223 of 593 C� ,--- itagILL-d 1924 STATEMENT OF QUALIFICATION The Nidy Sports Construction Company was founded in 1924. Through the leadership of Robert Nidy and son, Lynn Nidy, the family owned business thrived in difficult economic times by developing the game of shuffleboard and building most of the courts in the Southeastern part of the United States. Nidy was acquired in 2007 and expanded the business while maintaining the same integrity and commitment that our customers have come to expect. A key differentiator between competitors is the breath of services we provide for outdoor sport facilities (shuffleboard to pickleball to collegiate track and fields) while also being able to self -perform the vast majority of our work. Most of our competitors only focus on one or two types of facilities and/or can only perform a small portion of the work requiring additional use of subcontractors. We truly believe we offer a turnkey solution to our customers. We bring value to every project with a reputation for effective communication and innovation. We are a licensed Florida Building Contractor & member of the American Sports Builders Association. We not only bring technical expertise to each project, but we bring the creativity and ingenuity developed through decades of attention to detail. Our team can handle any project big or small, from $10,000 to in excess of $5,000,000. We have successfully constructed courts, fields & tracks at various public school, parks & private clubs throughout the country. Nidy Sports has worked collectively with municipalities, engineers and construction managers to consistently deliver quality projects. Nidy Sports Construction Company is a full service design -build company. We are competent in new construction and renovation of tennis courts, running tracks, synthetic fields, basketball courts, pickleball courts, volleyball courts, bocce ball courts, horseshoe throwing pits & shuffleboard courts. We are Authorized Applicators for Plexipave@, Plexitrac@ and DecoTurf@, and FieldTurf - the world's leading suppliers of the sports surfacing systems demanded by the professionals. The Nidy Company strives to maintain its reputation for integrity, teamwork and commitment through the projects and relationships we build. 751 GENERAL HUTCHISON PARKWAY LONGWOOD, FL 32750 407-330-9466 1 407-330-9343 FAX Page 224 of 593 Name of Firm - Company Type Corporate Office Website License Affiliations Company Contacts ""I TL hed 1924, Nidy Sports Construction 26-1284761 Corporation 751 General Hutchison Pkwy Longwood, FL 32750 Phone: (407) 330-9466 Fax: (407) 330-9343 Associated Builders & Contractors (ABC Central Florida Chapter) American Sports Builders Association Christopher Tappan, Sales & Preconstruction Manager 321-377-7593 1 ctapan -nidycompany.com Zach Stevenson, President 407-450-3881 1 zsteyenson _nid copany.co 751 GENERAL HUTCHISON PARKWAY LONGWOOD, FL 32750 407-330-9466 ( 407-330-9343 FAX Page 225 of 593 SALES & PRECON CHRIS TAPPAN JONATHAN PAPP SITE & PAVING CREWS ZACH STEVENSON PRESIDENT PROJECT MANAGEMENT :•li Q MICHAEL COOPER CREW MEMBERS 40+ COURT COATINGS & SPORTS EQUIPMENT CREWS TURF & TRACK SURFACING CREWS SHUFFLEBOARD CREWS CASANDRA PRYOR OFFICE MANAGER l r0ITl' ► lt' ADMINISTARTION 61 Re I I F 0 9 6 0 Nidy Sports Construction i's an equal opportunity employer and does not discriminate against any employee or applicant because of race, color, religion, age, sex, national origin, military, veteran status, disability, or in any other manner that violates the law, All phases of employment including, but not limited to, recruiting, hiring, selection for training, promotion, demotion, discipline, rates of pay or other compensation, transfer, layoff, termination, recall, use of all facilities, and participation in all Company sponsored activities, will be administered so as to further the principle of equal employment opportunity. Title 1 of the Americans with Disabilities Act (ADA) prohibits discrimination in any terms of conditions of employment for qualified individuals with a disability. IINI I A' I 1� I � L� �LIALeregliavoris as to accollirrioaTTIMI. CI`TI#II0Jee5TFDVV speak languages other than English. We will attempt to provide coaching, translation, and general support to those employees who need language assistance while working at Nidy Sports Construction. All employees are expected to comply with this Equal Employment Opportunity Policy. Any must immediately contact his or her Supervisor or any member of Management so that an investigation can immediately occur. Nidy Sports Construction will neither condone nor tolerate any act of discrimination and/or any violation of this EEO policy. Similarly, there is zero iolerance for any act of retaliation against an individual who makes a complaint under th s policy or aides in any investigation of such a complaint. Any employee found to have violated this policy in any manner will be subject to disciplinary action up to and including discharge. Page 227 of 593 44 fz� llgl) -45 4-.4 Y-j � 1z, Yw C�l "zi 4 tzi Sri 4--yamy C-1 -r4 Z4 DOC ID ----> 200728501024 IIIIII IIIII �II�� (�4�� IIIII III III III Ifll IIIII IIIII EIIII III �I�� DATE. DOCUMENT ID DESCRIPTION FILING EXPED PENALTY CERT COPY 10/12/2007 200728501024 DOMESTIC ARTICLES/FOR PROFIT 125.00 .00 .00 .00 .00 kARF) Receipt This is not a bill. Please do not remit payment. CT CORPORATION SYSTEM 4400 EASTON COMMONS WAY, SUITE 125 ATTN: TIMOTHY ROBERSON COLUMBUS, OH 43219 STATE OF OHIO CERTIFICATE Ohio Secretary of State, Jennifer Brunner 1732793 It is hereby certified that the Secretary of State of Ohio has custody of the business records for THE NIDY SPORTS CONSTRUCTION COMPANY, INC. and. that said business records show the filing and recording of. Document(s) DOMESTIC ARTICLES/FOR PROFIT United States of America State of Ohio Office of the Secretary of State Document No(s): 200728501024 Witness my hand and the seal of the Secretary of State at Columbus, Ohio this I I th day of October, A.D. 2007. I Page 230 of 593 DOC ID ----> 200728501024 :t CRET.gRj Pre SCZibed bv: s� Thr Ohio Secretary of Stare Central Oho: (614) 466-3910 b` Toll Free: I-S"'-SOS-FILE (1-877-767-3453) mvW.sos.state.o h. us e-mail: busserv@sos.state.oh.us F aedite this Form: re.+.donq I O Yes PO Box 1390 Columbus, OH 43216 •» Raw[= an mddNwal Poe of $100 — PO Box 670 Columbus, OH 43216 INITIAL ARTICLES OF INCORPORATION (For Domestic Profit or Nonprofit) Filing Fee $125.00 THE UNDERSIGNED HEREBY STATES THE FOLLOWING: 'CHECK ONLY ONE (1) 80 S' 1) 0 Articles of Incorporation (2) ❑ Articles of Incorporation (3) ❑ Articles of Incorporation Professional C. Profit Non -Profit (170-ARP) i 113-AR F; (114-ARN) Profession ORC 1701 ORC 1702 ORC 1785 FIRST: Name of Corporation THE NIDY SPORTS CONSTRUCTION COMPANY, INC SECOND: Location MASSILLON STARK (City) (County) Effective Date (Optional) Dots specfffed can be no more than 80 days after date of filing- N a date Is spscH9ed, (M-twyyyy) the data must be a date on or altar the date of fJRng. C Check here If additional provisions are attached Complete dm inform"on in this section N box (2) or (3) Is chocked. Comolodna this secdoa Is optfona(1f box (f) is checked To to and the construction and maintenance of CempAeft the (nform&fi n in this socMw if box (1) or ) is checked. FOURTH: The number of shares which the corporation is authorized to have outstanding (Please state if shares are common or preferred and their par value if any) 1,5W Common None (No. of shares) (Typo) (Par Volvo) (Refer to instructions 0 needed) 532 Pale 1 of 3 Last Revised, May 2002 Page 231 of 593 DOC ID ----> 200728501024 i 97Z Tha folo viN are f+'te namss and addresses of the indi Wu0le whe nna tD saroe 89 Initia! CNreoWrs, Is veq HATE. P.O.GQ Atl*wmIrvwreervubte. f! (atowi Caw Ceck) r:4bmc; rsln ;=rYi MOT,Er P.R B.Y Ad&rssas ov NOT aceepgble. f-s") (Zip Code) (�,eGry NO JV, P.O. Eau Ad&"F" an NOT aeeepdebfe. r;,qj (SSaM1 (Iip t�dsf ltE4[JIR€D + ,pub: a� ava,sr;t RED r a cr. f / LEi7 (aigned) by an authorized .rWseentatve Authorized Representative Date (gee Enatrueftans) MICHAEL D. \AN ON (print Moore) Avthorizelt Rapmsentative 8tr (Print Namef Authoe zed Repmon Dift (PM Name) pve i ce 7 L a iROM"m M" zoos Page 232 of 593 DOC ID ----> 200728501024 the ORIGINAL APPOINTMENT OF STATUTORY AGENT Ti- m rs3gned, being at least a m810* Of thO inoorperatorn Of The Noy Sparta CCnstrtlMn a en Inc. hereby anpainl tha foilow+ng to be Watutdty agent t;Pon whOm any process, ncr[iCa or d@A58nd IegtATsd Cr percnitted by strrtute ?0 be served upon the corporation mqy be served. Tha Camplste adtirasa of iha agenl IS Michael D. Tinian INa7W 4270 Stdrilite Surat SE Igtcerl NOM P.D.BvxAddrcstm•nNOT --Pft&14 IVtass�l0n ,Ohio 446A6 n jY1 MP Gaeaj Must be aLAWtftntecf by an I Date authcrzed rrrssentativa f Authorized Repre9ent2live Date E i Authorized Reps Wtllfte .,...• Date ACCF-PTANCE Di= APPOINTMERT The Urvi: rsigrw4, kilchael D. Vinton - _ , named herein as the Statutory agent for. The Nldx S Constn in Inc. haroby ack-w fadges er'td 2 epts the yppoin of s cry ti0 s 'den I Signature, Mi 532 Papa 0or3 Lan ReAmC Mey 2002 Page 233 of 593 DOC ID ----> 200728501024 ADDITIONAL PROVISIONS SIXTH: The corporation reserves the right at any time, and from time to time, substantially to change its purposes in the manner now or hereafter permitted by statute. Any change of the purposes of the corporation, authorized or approved by the holders of shares entitling them to exercise the proportion of the voting powers of the corporation now or hereafter required by statute, shall be binding and conclusive upon every shareholder of the corporation as fully as if such shareholder had voted therefor; and no shareholder, notwithstanding that he may have voted against such change of purposes or may have objected in writing thereto, shall be entitled to payment of the full cash value of his shares. SEVENTH: This corporation shall have the power and authority, upon the affirmative vote of a simple majority of its Board of Directors, and without action by its shareholders, to purchase, hold, sell, transfer, reissue and cancel its own shares, provided it shall not use its funds or propety for such purpose when such use would cause its assets to be less than its liabilities plus its stated capital, if any, or if the corporation is insolvent, or if there is reasonable ground to believe that by such purchase or redemption it would be rendered insolvent, and further provided, that shares of its own Capital Stock belonging to it and held as Treasury Shares shall not be. voted, directly or indirectly. EIGHTH: At any time and from time to time, after the organization of the corporation, shares of its Capital Stock without par value may be issued, sold or subscribed for, for such consideration for each share and upon such other terms as may be fixed by the Board of Directors of the Corporation. NINTH: No officer, director or shareholder of the corporation shall be disqualified by his office, membership or stock ownership from dealing or contracting with the corporation as a vendor, purchaser, employee, agent, or in any other similar or dissimilar capacity; nor shall any transaction, contract or act of the corporation be void or voidable or in any way affected or invalidated by reason of the fact that any such officer, director or shareholder of the corporation, any firm of which he may be a member or any other corporation of which he may be an officer, director or shareholder, is in any way interested in such transaction, contract or act, provided the interest of such officer, director or shareholder is disclosed to or known by the Board of Directors of the corporation, or such members thereof as shall be present at any meeting at which actions are taken upon any such transaction, contract or act. Neither shall such officer, director or shareholder be accountable or otherwise responsible to the corporation for or in connection with any such transaction, contract or act, or for any gains or profits realized by him by reason of the fact that he, any firm of which he is a member, or any other corporation of which he is an officer, director or shareholder, is interested in any such transaction, contract or act. Any such officer, director or shareholder, if he is a director, may be counted in determining the existence of a quorum at any meeting of the Board of Directors of the corporation which shall authorize or take action upon any such transaction, contract or act, and he may vote at such meeting to authorize, adopt, ratify or approve any such transaction, contract or act to the same extent as if he, any firm of which he is a member, or any other corporation of which he is an officer, director or shareholder, were not interested in such transaction, contract or act. &' Active Docs\ClientslN\Nidy Sports Construction Company, Inc. 10274.031Corporate Formation 0001\WAdditional Pm isions.doc Page 234 of 593 fultbilk Page 235 of 593 5 1 } i � l i S Y a PRODUCTS & SERVICES Warranty All new construction has a one (1) year warranty on civil workmanship. That is to include improper compaction, equipment installation, asphalt failure. Cracks in asphalt is NOT covered under warranty. Court coatings systems are warranted against any excessive fading, peeling, and flaking for a period of one year from application. Synthetic turf systems and rubberized track surfaces are covered for a period of one to five years from delamination or improper drainage. Products We have access to a wide variety of the industry leaders in track, field, and court surfacing manufacturers. We have worked with the following companies and can provide their products to customers: California Sport Surfaces (Court Coatings), Acrytech (Court Coatings), Laykold (Court Coatings), Field Turf (Synthetic Fields), AstroTurf (Synthetic Fields), Beynon (Track Surfacing), and Rekortan (Track Surfacing). Additionally, we provide athletic equipment from a variety of manufacturers including but not limited to: Bison Atheltics, Putterman Athletic, Sportsfield Specialties, Gill Porter and BSN Sports. Page 236 of 593 Construction Services Athletic Construction & Repairs • Project Design & Permitting • Complete Drainage Systems • Site Prep • Milling & Demolition • Asphalt Paving • Concrete Curbs & Flatwork • Fencing • Athletic Equipment • Court Coating Systems • Rubberized Court Coating Systems • Rubberized Track Surfacing • Synthetic Turf Field Construction & Installation • Court Crack Repair Systems Asphalt Paving & Repairs • Concrete Driveways & Sidewalks • Concrete Curbs • Seal Coating • Asphalt Patch Repair • Cement Stabilization • Speed Hump Installation • Asphalt Milling & Overlays • Asphalt Chip Seal • Parking Lot Striping • Bollard/Light Pole Installation • Signage Installation • Catch. Basin Replacement/Repairs Page 237 of 593 Page 238 of 593 REFERENCES University of North Florida Ervin Lewis, Assistant Director of Facilities Jacksonville, FL 904-252-9511 E.Lewis@un£edu 2019-2023 Resurface existing tennis courts, Reconstruct running track, surface running tracks, construct new synthetic turf fields $2,000 to $1,600,000 projects City of Winter Park Mike McCosker, Assistant Director of Parks & Recreation Winter Park, FL 407-599-3623 mmccosker@cityofwinterpark.org 2019-2023 Resurface existing tennis courts, construct new pickleball and tennis courts, reconstruct running track, surface running tracks, construct new synthetic turf fields $5,000 to $1,700,000 projects City of Jacksonville Beach Jason Phitides, Director of Parks & Recreation Jacksonville Beach, FL 904-349-4457 j phitides @j axbchfl. net 2019-2022 Resurface existing tennis courts, Reconstruct tennis and basketball courts, construct new synthetic turf field $15,000 to $1,000,000 projects Brevard Public Schools Christopher Payne, Project Manager Viera, FL 321-604-8041 Payne.Christopher@brevardschools.org 2021-2023 Resurface existing tennis and basketball courts, reconstruct basketball courts, reconstruct running tracks $3,000 to $500,000 projects Page 239 of 593 Duval County Public Schools Garfield Rhoden, Project Manager Jacksonville, FL 904-858-6310 rhodeng@duvalschools.org 2019-2022 Resurface existing tennis courts, Reconstruct tennis and basketball courts $4,000 to $500,000 projects City of New Smyrna Beach Robert Salazar, Leisure Services Director New Smyrna Beach, FL 386-410-2890 rsalazar@cityofnsb.com 2019-2023 Resurface existing tennis and pickleball courts, reconstruct tennis and basketball courts, reconstruct running track, construct new synthetic turf field $7,000 to $990,000 projects Brevard County Parks & Recreation Fred Ameigh, Maintenance Superintendent Merritt Island, FL 321-302-1681 Frederick.ameigh@brevardfl.gov 2019-2023 Resurface existing tennis and basketball courts, reconstruct tennis and basketball courts $5,000 to $200,000 projects Orange County Public Schools Thomas Slusser, Trades Tech Orlando, FL 352-455-5617 Thomas. slus ser@ocps.net 2019-2023 Resurface existing tennis and basketball courts, Reconstruct tennis and basketball courts, track striping, track cleaning, rubberized track repair $2,000 to $350,000 projects University of Florida Marty Dempsey, Senior Associate Director Facilities & Operations Gainesville, FL 352-273-2428 mdempsey@ufsa.ufl.edu 2020-2023 Resurface existing tennis courts, Reconstruct tennis courts $30,000 to $360,000 projects Citrus County Sherri Genung, Ground Maintenance Manager Inverness, FL 352-400-0577 Sherri.Genung@citrusbocc.com 2019-2023 Resurface existing tennis and basketball courts $7,000 to $36,000 projects Page 240 of 593 fultbiliN Page 241 of 593 SPQRTS CQNSiRUCTIQN ONCPA An OMNIA Partners Company NIDY SPORTS CONSTRUCTION BID PRICING Service Labor Rates All Lots Unit of Measure Installer Bid to Co -Op Division State Multiplier Price with Multipler 2% NCPA Fee Total Multiplier Total Price to Client Notes CONCRETE 4" Sidewalk (Under 50 SF) SF $47.00 0% $47.00 $0.94 $0.00 $47.94 4" Sidewalk (Over 50 SF) SF $27.00 0% $27.00 $0.54 $0.00 $27.54 6" Drive (Under 500 SF) SF $37.00 0% $37.00 $0.74 $0.00 $37.74 6" Drive (Over 500 SF) SF $27.00 0% $27.00 $0.54 $0.00 $27.54 6"x18" Curb LF $50.00 0% $50.00 $1.00 $0.00 $51.00 6"x12" Curb LF $40.00 0% $40.00 $0.80 $0.00 $40.80 4" Sidewalk with 18" Integral Curb SF $37.00 0% $37.00 $0.74 $0.00 $37.74 Post Tension Concrete SF $30.00 0% $30.00 $0.60 $0.00 $30.60 SEAL COATING ' Hot Rubber Crack Fill LF $ 2.00 0% $ 2.00 $ 0.04 $0.00 $ 2.04 Seal Coat 1 Coat Asphalt Emulsion SF $ 0.35 0% $ 0.35 $ 0.01 $0.00 $ 0.36 Seal Coat 2 Coat Asphalt Emulsion SF $ 0.40 0% $ 0.40 $ 0.01 $0.00 $ 0.41 Seal Coat 1 Coat Coal Tar SF $ 0.35 0% $ 0.35 $ 0.01 $0.00 $ 0.36 Seal Coat 2 Coat Coal Tar SF $ 0.40 0% $ 0.40 $ 0.01 $0.00 $ 0.41 ASPHALT REPAIR ' Asphalt Patch SF $ 20.00 0% $ 20.00 $ 0.40 $0.00 $ 20.40 Asphalt Remove/Replace 2" (Under 5,000 SF) SF $ 18.00 0% $ 18.00 $ 0.36 $0.00 $ 18.36 Asphalt Remove/Replace 4" (Under 5,000 SF) SF $ 23.00 0% $ 23.00 $ 0.46 $0.00 $ 23.46 Speed Bump Install LF $ 100.00 0% $ 100.00 $ 2.00 $0.00 $ 102.00 ASPHALT PAVING ' Convention Chip and Seal SF $ 1.50 0% $ 1.50 $ 0.03 $0.00 $ 1.53 Cement Stabilization SY $ 19.00 0% $ 19.00 $ 0.38 $0.00 $ 19.38 Page 242 of 593 6"x18" Curb & Gutter (500LF +) LF $ 70.00 0% $ 70.00 $ 1.40 $0.00 $ 71.40 Asphalt Mill/Pave 2" 5,000 SF+ SF $ 3.00 0% $ 3.00 $ 0.06 $0.00 $ 3.06 Asphalt Mill/Pave 4" 5,000 SF+ SF $ 4.00 0% $ 4.00 $ 0.08 $0.00 $ 4.08 4" Sidewalk (Under 50 SF) SF $ 47.00 0% $ 47.00 $ 0.94 $0.00 $ 47.94 4" Sidewalk (Over 50 SF) SF $ 25.00 0% $ 25.00 $ 0.50 $0.00 $ 25.50 STRIPING Stall EA $ 10.00 0% $ 10.00 $ 0.20 $0.00 $ 10.20 Numbering EA $ 8.00 0% $ 8.00 $ 0.16 $0.00 $ 8.16 Misc. Word Stencil Per Letter $ 5.00 0% $ 5.00 $ 0.10 $0.00 $ 5.10 Hash Out / Grid SF $ 1.55 0% $ 1.55 $ 0.03 $0.00 $ 1.58 Handicap EA $ 60.00 0% $ 60.00 $ 1.20 $0.00 $ 61.20 Arrows EA $ 65.00 0% $ 65.00 $ 1.30 $0.00 $ 66.30 Paint Curbs LF $ 2.75 0% $ 2.75 $ 0.06 $0.00 $ 2.81 Stop Bar LF $ 3.75 0% $ 3.75 $ 0.08 $0.00 $ 3.83 Light Pole Base / Bollard EA $ 64.00 0% $ 64.00 $ 1.28 $0.00 $ 65.28 M ISC. Catch Basin Replace EA $ 6,000.00 0% $6,000.00 $ 120.00 $0.00 $ 6,120.00 Catch Basin New Concrete Collar EA $ 3,500.00 0% $3,500.00 $ 70.00 $0.00 $ 3,570.00 New Bollard Install EA $ 2,000.00 0% $2,000.00 $ 40.00 $0.00 $ 2,040.00 New Sign Install EA $ 1,400.00 0% $1,400.00 $ 28.00 $0.00 $ 1,428.00 TENNIS/PICKLEBALL SURFACING Acrylic Coating System (3 coat system) SY $12.00 0% $12.00 $0.24 $0.00 $12.24 Acrylic Coating System (4 coat system) SY $20.00 0% $20.00 $0.40 $0.00 $20.40 Acrylic Cushion System SY $50.00 0% $50.00 $1.00 $0.00 $51.00 Armour Crack Repair System LF $25.00 0% $25.00 $0.50 $0.00 $25.50 Stripe Tennis Court EA $1,750.00 0% $1,750.00 $35.00 $0.00 $1,785.00 Stripe Pickleball Court EA $1,500.00 0% $1,500.00 $30.00 $0.00 $1,530.00 Out of Town Travel Allowance DAY $3,000.00 0% L $3,000.00 $60.00 $0.00H$20.40 3,060.00 Courts less than 800SY for 3 coat system SY $20.00 $20.00 $0.40 $0.00 Page 243 of 593 Courts less than 800SY for 4 coat system SY $25.00 0% $25.00 $0.50 $0.00 $25.50 Project Design, Development or Consultant DAY $2,500.00 0% $2,500.00 $50.00 $0.00 $2,550.00 Professional Engineering Services JOB $45,000.00 0% $45,000.00 $900.00 $0.00 $45,900.00 Installer (Tradesman) HR $100.00 0% $100.00 $2.00 $0.00 $102.00 Limerock Base (per 6" layer) SF $3.50 0% $3.50 $0.07 $0.00 $3.57 Asphalt Paving (RAP Mix) SF $5.00 0% $5.00 $0.10 $0.00 $5.10 Asphalt Paving (Virgin Mix) SF $7.00 0% $7.00 $0.14 $0.00 $7.14 BASKETBALL Basketball Equipment EA $8,500.00 0% $8,500.00 $170.00 $0.00 $8,670.00 Excavate & pour concrete footer, furnish Stripe Basketball Court EA $2,000.00 0% $2,000.00 $40.00 $0.00 $2,040.00 TRACK SURFACING 3/8" Plexitrac Lightning (black) SY $25.00 0% $25.00 $0.50 $0.00 $25.50 1/2" Plexitrac Lightning (black) SY $35.00 0% $35.00 $0.70 $0.00 $35.70 3/8" Plexitrac Accelerator (red) SY $35.00 0% $35.00 $0.70 $0.00 $35.70 1/2" Plexitrac Accelerator (red) SY $40.00 0% $40.00 $0.80 $0.00 $40.80 BSS 100 SY $55.00 0% $55.00 $1.10 $0.00 $56.10 BSS 200 SY $65.00 0% $65.00 $1.30 $0.00 $66.30 BSS 300 SY $95.00 0% $95.00 $1.90 $0.00 $96.90 BSS 1000 SY $130.00 0% $130.00 $2.60 $0.00 $132.60 < 5,000 SY add on SY $10.00 0% $10.00 $0.20 $0.00 $10.20 non standard color SY $5.00 0% $5.00 $0.10 $0.00 $5.10 Hobart Finish SY $10.00 0% $10.00 $0.20 $0.00 $10.20 Stuctural Spray Standard Color SY $20.00 0% $20.00 $0.40 $0.00 $20.40 Non Standard Color SY $5.00 0% $5.00 $0.10 $0.00 $5.10 Exchange Zone Color BSS 100 & BSS 200 LS $35,000.00 0% $35,000.00 $700.00 $0.00 $35,700.00 MAINTENANCE TRACK SURFACE Plexitrac Lightning Resurface (black) SY $20.00 0% $20.00 $0.40 $0.00 $20.40 PlexitracLightningResurface (red EPDM layers) SY $30.00 0% $30.00 $0.60 $0.00 $30.60 Page 244 of 593 Plexitrac Surfacer (black) SY $20.00 0% $20.00 $0.40 $0.00 $20.40 Plexitrac Surfacer (red) SY $25.00 0% $25.00 $0.50 $0.00 $25.50 Project Design, Development or Consultant DAY $2,500.00 0% $2,500.00 $50.00 $0.00 $2,550.00 Professional Engineering Services JOB $45,000.00 0% $45,000.00 $900.00 $0.00 $45,900.00 Installer (Tradesman) HR $100.00 0% $100.00 $2.00 $0.00 $102.00 Asphalt Paving (RAP Mix) SF $5.00 0% $5.00 $0.10 $0.00 $5.10 Asphalt Paving (Virgin Mix) SF $7.00 0% $7.00 $0.14 $0.00 $7.14 Track Cleaning EA $10,000.00 0% $10,000.00 $200.00 $0.00 $10,200.00 Track Lining EA $15,000.00 0% $15,000.00 $300.00 $0.00 $15,300.00 ARTIFICIAL TURF i Artificial Turf Installation ( Less than 40K SF) SF $8.50 0.00% $8.50 $0.17 $0.00 $8.67 Artificial Turf Installation (Over 40K SF) SF $7.00 0.00% $7.00 $0.14 $0.00 $7.14 Artificial Turf Pad Installation - ADD SF $2.00 0.00% $2.00 $0.04 $0.00 $2.04 Artificual Turf Alt./Cooling Infill Installation - ADD SF $1.50 0.00% $1.50 $0.03 $0.00 $1.53 Artificial Turf Removal SF $1.00 0.00% $1.00 $0.02 $0.00 $1.02 BASEBALL/SOFTBALL Regrade Baseball/Softball Infield SF $3.00 0% $3.00 $0.06 $0.00 $3.06 Fine grade and groom infield with new infield Install foul poles PAIR $15,000.00 0% $15,000.00 $300.00 $0.00 $15,300.00 Install bases, home plate, & mound EA $5,000.00 0% $5,000.00 $100.00 $0.00 $5,100.00 FIELD, TRACK & COURT CONSTRUCTION 4'fence LF $75.00 0.00% $75.00 $1.50 $0.00 $76.50 5' Fence LF $80.00 0.00% $80.00 $1.60 $0.00 $81.60 6' Fence LF $85.00 0.00% $85.00 $1.70 $0.00 $86.70 8' Fence LF $90.00 0.00% $90.00 $1.80 $0.00 $91.80 10' fence LF $115.00 0.00% $115.00 $2.30 $0.00 $117.30 20'Fence LF $200.00 0.00% $200.00 $4.00 $0.00 $204.00 6' High Windscreen LF $14.00 0.00% $14.00 $0.28 $0.00 $14.28 9' High Windscreen LF $20.00 0.00% $20.00 $0.40 $0.00 $20.40 Milling SF $2.00 0.00% $2.00 $0.04 $0.00 $2.04 4" Underdrains LF $50.00 0.00% $50.00 $1.00 $0.00 $51.00 Page 245 of 593 6" Underdrains LF $60.00 0.00% $60.00 $1.20 $0.00 $61.20 8" Underdrains LF $70.00 0.00% $70.00 $1.40 $0.00 $71.40 12" Underdrains LF $80.00 0.00% $80.00 $1.60 $0.00 $81.60 15" Underdrains LF $90.00 0.00% $90.00 $1.80 $0.00 $91.80 1" x 12" Flat Drains LF $7.00 0.00% $7.00 $0.14 $0.00 $7.14 Geotextile Drainage Fabric SY $1.50 0.00% $1.50 $0.03 $0.00 $1.53 Storm Structuers EA $4,000.00 0.00% $4,000.00 $80.00 $0.00 $4,080.00 Rentention Trench LF $150.00 0.00% $150.00 $3.00 $0.00 $153.00 Stone Base (per 6" layer) SF $3.00 0.00% $3.00 $0.06 $0.00 $3.06 Undercut Site CY $30.00 0.00% $30.00 $0.60 $0.00 $30.60 Post Footers and Tennis/Pickleball Equipment Court $6,000.00 0.00% $6,000.00 $120.00 $0.00 $6,120.00 Trench Drain (ACO 2k,3K, 4K) LF $90.00 0.00% $90.00 $1.80 $0.00 $91.80 6"x12" Curb LF $40.00 0.00% $40.00 $0.80 $0.00 $40.80 8"x8" Curb LF $35.00 0.00% $35.00 $0.70 $0.00 $35.70 12"x8" Curb LF $45.00 0.00% $45.00 $0.90 $0.00 $45.90 8"x12" Curb LF $45.00 0.00% $45.00 $0.90 $0.00 $45.90 6"x18" Curb LF $50.00 0.00% $50.00 $1.00 $0.00 $51.00 12" x12" Curb LF $50.00 0.00% $50.00 $1.00 $0.00 $51.00 Install Turf Nailer Board LF $10.00 0.00% $10.00 $0.20 $0.00 $10.20 Install Take Off Board EA $4,500.00 0.00% $4,500.00 $90.00 $0.00 $4,590.00 Install Pole Vault Tray and Lid EA $6,000.00 0.00% $6,000.00 $120.00 $0.00 $6,120.00 Install Football Field Goal Posts PAIR $35,000.00 0.00% $35,000.00 $700.00 $0.00 $35,700.00 Install Soccer Goals PAIR $12,000.00 0.00% $12,000.00 $240.00 $0.00 $12,240.00 Long Jump Pit EA $12,000.00 0.00% $12,000.00 $240.00 $0.00 $12,240.00 SHUFFLEBOARD/BOCCE Construct Shuffleboard Court Court $25,000.00 0% $25,000.00 $500.00 $0.00 $25,500.00 Shuffleboard Resurface Court $1,600.00 0% $1,600.00 $32.00 $0.00 $1,632.00 Construct Bocce Court Court $35,000.00 0% $35,000.00 $700.00 $0.00 $35,700.00 Bocce Carpet Replacement Court $6,500.00 0% 1 $6,500.00 $130.00 1 $0.00 1 $6,630.00 Page 246 of 593 Page 247 of 593 VALUE ADDED SERVICES We have included several additional line items into our pricing in Tab 7 that reflects additional services required with our customers and/or are commonly asked for during preliminary conversations. Ancillary equipment packages primarily for field and track construction projects have been included as they need to be installed during the construction of the facility rather than afterwards like most equipment (hurdles, mats, etc.). We have included specific striping packages as well as sports like pickleball are becoming much more popular and public facilities are now either trying to convert existing tennis facilities to pickleball or make their courts multi -use to cater to both tennis and pickleball courts. Another big service that is becoming a large part of our business to meet a growing demand is our track and field maintenance and cleaning. We are contracted to clean a1.122 high school tracks within Orange County Public Schools annually as there is specific equipment that must be used on rubberized track surfaces that does not damage it or void the warranty. We have included that maintenance portion into our pricing as school districts and municipalities are looking to protect and extend the life span of their large capital expenditures. Lastly, design services is another service we can offer to customers to assist in both the pre- planning, actual design, and permitting of a large project so customers can be best informed on spacing, layout, and drainage concerns from the beginning of the project to both expedite the overall timeline from project inception to completion and help provide tighter budgeting from the get -go. Page 248 of 593 � � 1 Page 249 of 593 TAB 9 • Contractors Requirements Page 250 of 593 FEDERAL!S CERTIFICATIO ,• `.: •. • it-. e.. • ` 'r:. l,. •: i •- a • . r.: ... • ,_ Page 251 of 593 wages not less than once a week. The non -Federal entity must place a copy of the current prevailing Wage determination issued by the Department of Labor In each solicitation, The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. Pursuant to Federal Rule (D) above, when a Participating Agency expends federal fundM during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis -Bacon Act provisions Any Participating Agency will include any current and applicable prevailing wage determination in each issued solicitation and provide Offeror with any required documentation and/or forms that must be completed by Offeror to remain in complianc the applicable Davis -Bacon Act provisions. I (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, -sll contracts awarded by the non -Federal entity in excess of $100,000 that involve the trriployment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under Q U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resultinq from this procurement process. work under that "funding agreementthe recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," an;i i any implementing regulations issued by the awarding agency. Page 252 of 593 Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above (G) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387), Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA), Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above - - MID WIN WSITAIIFTMS� NON �6091=6 v_ uniamy exuDueu itul h1f=_17el Te;TI will notify the Participating Agency (1) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award Pursuant to Federal Rule (1) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the Page 253 of 593 RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Partpating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.334, The offeror further certifies that offeror will retain all records as required ® 2 CFR § 200,334 for a period of three years after grantees or subgrantees submit final expenditure reports or quarter y or annual financial reports, as applicable, and all other pending matters are closed. CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and 4d-t issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18). A Page 254 of 593 CERTIFICATIONOF ACCESS TO-r Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any non -financial documents, papers, or other records of offeror that are pertinent to offeror's discharge of its obligations under the Contract for the purpose of • audits, examinations,• • transcriptions.! f includes relating to such documents.!. of access will last only in i as the records retained. CERTIFICATION O APPLICABILITY SUBCONTRACTORS Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by th4 foregoing terms and conditions. Page 255 of 593 • i• • •. .•. R•i .:i i !! II I ! ! - as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-1 02, Attachment 0, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator forEnforcement. I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension", as described in the Federal Register and Rules and Regulations. Page 256 of 593 CONTRACTOR REQUIRMENTS I Contractor Certification Contractor's Employment Eligibility By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The is will operate this contract Participating Government Entities including School Districts may request verification of compliance from any Contractor • subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance In accordance with applicable laws. Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to.- suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. - 0 silo - Z 1 • Z Z • • . - 10,0111,11111 M-1,1111111101 0 0 . . - a - 1--is I LZ Ill r-aft(o] &N 1 Sir, 10ioiel io. . M I •• 1 11 'r U-0 11 1 .41 11-1 1 work is being performed. Fingerprint & Background Checks If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or em,,-aIoYAee who persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, •• and their employees shall not provide services • •o district properties until authorized by the District. I I Ill 1 0 1 - Contractor shall comply With governing board policy in the school district or Participating Entity in which work is being performed, Business Operations in Sudan, Iran In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran. Page 257 of 593 REQUIRED CLAUSES FOR FEDERAL ASSISTANCE 'iF,ROVIDED BY FTA NEMEME =r a) Maintain all non -financial books, records, accounts and reports required under this Contract for a period of not less than two (2) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until the FTA Administrator, the U.S. DOT Office of the Inspector General, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. b) Permi any of the foregoing parties to inspect all non -financial work, materials, an'i other data and records that pertain to the Project, and to audit the non -financial books, records, and accounts that pertain to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination. The right of access detailed in this section continues only as long as the records are retained. FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. 1 ) Non-d iscrim 1 nation. In accordance with Title VI of the Civil Rights Act of 1964, as amended ' 42 U.S.C. 2000d, Section 303 of the Age Discrimination Act of 1975, amended, 42 U.S.C. 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.Ci § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origI sex marital status age • disa , or bility. In addition, Contractor agrees to comply with ap�licable Federal implementing regulations and other applicable implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency. 2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract: IN RM 12 14 0 ITMS Page 258 of 593 to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, re ITIVEN M We Mie Ms Me bi A0. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EFOC) implementing regulations, "Age Discrimination in Employment Act", 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency. c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), "Regulations to Implement the Equal Employment Provisions ♦' the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions. C Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor's control where segregated facilities are maintained. As used in this certification the term 11 segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification Will be a violation •- this Civil Rights clause. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipmen In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractoes obligations under this Contract and the regulations relative to non-d iscrim i nation on the grounds of race, color, creed, sex, disability, age or national origin. Page 259 of 593 4) Sanctions of Non -Compliance. In the event of Contractor's non-compliance with t�i; non-d iscrim i nation provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in Whole or in part. Contractor agrees to include the requirements of this clause in each subcontract financed in whol.- #r in part with Federal assistance provided by FTA, modified only if necessary to identify the ,?ffected partie& This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, WHO 1) Non -Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)). it) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor's receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor's work related to this Contract is satisfactorily completed and any liens have been secured, Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non -DBE subcontractors, Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency. 3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate With public agency in meetinq its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract. Page 260 of 593 14,011:1 11110161MM9 111116�1011111 - =I giz] mr.14 Lei I =14IM-m-Ma it R I ILI DNT.�1 1,111=93MMUM121 Agency and Contractor acknowledge and agree that, absent the Federal Government's express written consent and notwithstandinci any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms, to the best of its knowledge, the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me Page 261 of 593 Wi- pertaining to the underlying Contract or the FTA assisted project fiContract Work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it or e be .r- a false, fictitious,or fraudulent• certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate. Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate. with Federal assistance pro vided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Page 262 of 593 FEDERAL REQUIRED SIGNATURES I Offeror • •, all provisions, laws, acts,• in the pages above. it is further acknowledged that offeror agrees to comply with all federal, • local-• • and ordinances as applicable. fir- •- City/State/Zip Date Page 263 of 593 ANTITRUST CERTIFICATION STATEMENTS TEXAS GOVERNMENT CODE § 2155.005 1 I affirm under penalty of perjury of the laws of the State of Texas that: (1) 1 am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and Company Name Address City/State/Zip Lc),t\j ecwc Telephone Fax Number - LWJ ` (D -'I 3-L'S Email Address tom., a&� c PJ cc-" pvk (!N'i I 14A Printed Name '2-A c-kt '-) T E � f JJ 'In Title VLLL--s t c-,)\JT Authorized Signature��-' Page 264 of 593 STATE NOTICE ADDENDUM The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current an potential participants to include all county, city, special district, local government, school distri private K-12 school, higher education institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national contract. I For your reference, the links below include some, but not all, of the entities included in this proposal: http://www.usa.gov/Agencies/State and Territories. shtml https://www.usa.gov/local-governments Page 265 of 593